Written by: Christine V. Walters, JD, MAS, SHRM-SCP, SPHR, FiveL Company
On June 6th and for the fourth time in six years, the Office of
the General Counsel of the National Labor Relations Board (NLRB) issued a
Handbook Rules..." Shifting from the first three, this report takes a
different approach to balancing employees' rights under the National Labor
Relations Act (NLRA) with an employer's business justifications for enforcing a
policy. The Board describes its shift from considering what "could
be" a violation of the NLRA to looking at whether it "would be"
The NLRB explains that this new Guidance applies to facially
neutral policies. Ambiguities in policies will no longer interpreted against
the drafter (using the "could be" approach), and generalized
provisions should not be interpreted as banning all activity that could
conceivably be included.
The Guidance addresses a variety of policies, including many
covered under the previous three memos and not limited to:
& disruptive behavior
& proprietary information
benefits and working conditions
practical examples and more information, join FiveL Company's July 25th
webcast, "Employee Handbooks" Read 'Em & Weep (No
More?)." Click here to register.